Shore eatery sues township over ‘loud talking’ restrictions

The owner of Tommy’s Tavern + Tap has filed a civil lawsuit against Sea Bright Township over the city’s revised noise ordinance.

The complaint alleges that the city’s new ordinance is “arbitrary, unreasonable, capricious and illegal,” according to the document filed by attorney Robert F. Munoz, who said he could not comment on a pending case.

The two limited liability companies, 1030 Partners and 1030 Liquor Partners, that manage Tommy’s Tavern and its managing partner Thomas Bonfiglio filed the complaint on May 18.

Sea Bright’s former noise law was repealed on July, 5 2016; its current law was adopted on April 4.

The suit lists multiple complaints against the city including, the new ordinance doesn’t explain what decibel level is unacceptable and the ordinance fails to provide training to individuals tasked with curbing excessive noise. The suit also points out people who violate the “ambiguous” restriction four or more times could face up to 90 days in jail.

“Loud talking” and “other continuous noise” emanating from any source can be considered in violation of the town’s new statute, the suit stated.

“The borough, through the adoption of its noise ordinance substantially destroys plaintiffs’ beneficial use of the property by the threat of imposing excessive fines, and even imprisonment, for violations of the noise ordinance,” the suit stated.